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Proving Fault in an Alberta Car Accident Case

Sustaining injuries in an Alberta car accident case is an overwhelming experience and one that sometimes cannot be prevented. In the event that the other party was negligent, however, you could be able to recover compensation by proving fault in an Alberta car accident with the assistance of a dedicated personal injury lawyer.

At the Accident Scene

Some of the information collected at the accident scene will enable you to more easily illustrate fault in an Alberta car accident. This includes pictures, statements from eyewitnesses, and any reports taken at the scene. This information can be instrumental in consulting with the insurance company or the other party in a lawsuit.

How Insurance Companies Investigate Whose Fault It Was?

Insurance companies use a variety of opportunities to investigate who could have been at fault for the accident, including accident reconstruction, videos, pictures taken at the scene, and reviewing the scene to determine whether there is any debris or tire skid marks, for example.

Understanding Fault Percentages in Ontario

In the event that the other party successfully shows that you were partly or fully responsible for the accident, your compensation recovery will be limited and reduced by your according level of fault. You can only recover under another person’s third-party liability coverage or their own DC-PD coverage to the extent that they were not at fault for causing the accident. If you were 50% at fault for the accident, you are only entitled to 50% of damages, for example.

Some Insurance Companies Can Be More Forgiving Than Others

It is very important to recognize that you do not have to immediately accept the amount presented by your insurance company. Most accident victims do not know this and therefore do not get the necessary help in the form of an experienced and trusted personal injury lawyer. A personal injury lawyer can help you navigate this situation.

Proving Fault in an Alberta Car Accident Case FAQ

How can I prove fault in a car accident?

Gather as much evidence as possible at the scene of the accident to be able to present this to your insurance company or in a lawsuit. Show fault by illustrating that the other driver was not paying attention, was driving too quickly or was otherwise engaged in dangerous behavior at the time of the accident.

What happens if you are at fault in a car accident?

You need an Alberta car accident lawyer who can help you to minimize the perception of your fault and help to explain how your injuries still entitle you to recover compensation.

Should you admit fault in a car accident?

It is strongly recommended that you never admit fault in a car accident as this could make it more difficult to walk back your situation and claim that you never made those statements. It can be very difficult in the heat of the moment to figure out what is happening at the scene of an accident so remain calm and avoid making any statements at the scene.     

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